On appeal, the district court affirmed the denial of attorneys' fees for a creditor who successfully objected to debtors' Chapter 13 plan. Bankruptcy law didn't provide for fees in that situation, and under state law, such an award was discretionary
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Opinions
United States Courts Opinions (USCOURTS) collection is a collaborative effort between the U.S. Government Publishing Office (GPO) and the Administrative Office of the United States Courts (AOUSC) to provide public access to opinions from selected United States appellate, district, and bankruptcy courts.
The District of Nebraska offers a database of opinions for the years 1997 to current, listed by year and judge. For a more detailed search, enter the keyword or case number in the search box above.
Debtors may amend exemptions until the case is closed, even after discharge. Nebraska statutes exempt "household furnishings," but if "necessary" is read into it, TVs and stereos aren't necessary. They may be exempted in lieu of homestead, however
On appeal, the district court affirmed the bankruptcy court's decision that debtor's security agreement with the bank was internally inconsistent and therefore didn't give the bank a security interest in debtor's shares of Federal Land Bank stock
Corporate stock not listed in debtor's schedules was not administered or abandoned. The trustee may reopen the case to sell the stock, but should investigate its value and advertise the sale to comply with the best-interests-of creditors requirement
Because the debtors intended that electric motors, pumps, and control panels installed on real estate as part of the debtors' pivot irrigation systems would be permanently affixed to the land, those items are fixtures and are subject to the mortgage
Debtor's non-debtor wife, who operated the farm with him, did not sign any loan documents. The court held that she didn't have an ownership interest in non-titled personal property used as collateral, but if she did, she'd acquiesced to its encumbrance
The appropriate monthly adequate protection payment for a previously over-secured but now under-secured creditor is the amount of interest accruing on the debt each month, plus the amount by which the value of the collateral is declining each month
When a promissory note is made in one state but performed in another, the law of the place of performance generally governs. Because Nebraska debtors were to send payments to lender's Iowa office, Iowa law applied – the note's interest rate wasn't usuriou
On appeal, the district court affirmed the bankruptcy court's order that an amendment to a filed financing statement adding the debtor wife's name was sufficient to create a perfected security interest in her property as of the date of the amendment
A Chapter 11 bankruptcy trustee cannot exercise his powers under § 544 to take title to real property free and clear of the interest of a seller on contract whose deed was mistakenly recorded and whose claim was treated in the plan as a valid secured clai